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Home My WebLink About03-3327FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff ESTATE OF JAMES H. MCNEIL, JR., BEVERLY PRINCE, EXECUTRIX, DEVISEE AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES H. MCNEIL, JR. 706 LINCOLN STREET MILTON, PA 17847 COURT OF COMMON PLEAS CiVIL DiVISION TERM NO. - CUMBERLAND COUNTY SHAWN MCNEIL, DEVISEE OF THE ESTATE OF JAMES H. MCNEIL, JR. 475 NORTH CORBIN AVENUE INVEKNESS, FL 34453 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. File #: 120737705 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 120737705 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File#: 120737705 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF JAMES H. MCNEIL, JR., BEVERLY PRINCE, EXECUTRIX, DEVISEE AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES H. MCNEIL, JR. 706 LINCOLN STREET MILTON, PA 17847 SHAWN MCNEIL, DEVISEE OF THE ESTATE OF JAMES H. MCNEIL, JR. 475 NORTH CORBIN AVENUE INVERNESS, FL 34453 who is/are the real owner(s) of the property hereinafter described. On 05/25/1999 mortgagor, JAMES H. MCNEIL, JR., made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1544, Page 752. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 120737705 9. 10. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2002 through 07/08/2003 (Per Diem $22.90) Attorney's Fees Cumulative Late Charges 05/25/1999 to 07/08/2003 Cost of Suit and Title Search Subtotal $115,305.94 5,038.00 850.00 153.63 $ 750.00 $122,097.57 Credit - 546.14 Deficit 0.00 Subtotal $- 546.14 TOTAL $121,551.43 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. This action does not come under Act 91 if 1983 because the mortgaged premises is not owner-occupied. Mortgagor, JAMES H. MCNEIL, JR., died on 12/19/02, leaving a Will dated 10/1/01, wherein he appointed BEVERLY PRINCE as his Executrix. Letters Testamentary were granted to her on 1/21/03 in CUMBERLAND County, No. 21-2003-200. Decedent's surviving heirs at law and next-of-kin are defendants BEVERLY PRINCE AND SHAWN MCNEIL. File #: 120737705 11. Defendants, BEVERLY PRINCE AND SHAWN MCNEIL, have been named in accordance with Pa R.C.P. 1144(a)(2) in order to divest the equitable interests in the premises and have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the stun of $121,551.43, together with interest from 07/08/2003 at the rate of $22.90 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Pl~mtiff File #: 120737705 ALL THAT CERTAIN lot of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 159 on the Plan of Kingsbrook, Section "3", as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 27, page 3 containing 100.00 feet along the East along Kingwood Terrace; containing 184.75 feet along the North along Lot No. 160 on said Plan, containing 100.14 feet along the West along lands now or formerly of Hooke, Lebo and Hooke, a partnership and containing 190.06 feet along the South along Lot No. 158 on said plan and containing 18,740.35 square feet. Tax Parcel//29-14-0868-096 VERIFICATION Robert Lelli hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff m this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: AFFiDAViT OF_SERVICE., Commonwealth of Pennsylvania County of cUMBERLAND Circuit Court Case Number: 03-3327 Plaintiff: GMAC MORTGAGE CORP vs. Defendant: ESTATE OF JAMES H MCNEIL, JR ET AL., For: FRANK FEDERMAN, ESQUIRE 1617 John F. Kennedy Blvd Ste. 1400 Philadelphia, PA 19103 Received by FAST SERVE on the 29th day of July, 2003 at 5:00 pm to be served on SHAWN MCNEIL, DEVISEE OF THE ESTATE OF JAMES H MCNEIL JR.,, 475 NORTH CORBIN AVE, INVERNESS, FL, 344~3. I, Ronald L. Fletcher, being duly sworn, depose and say that on the 12th day of AuguSt, 2003 at 4:1E pm, h SubStitute Served by leaving a true copy of this summons & notice, mortgage forcolsure complaint & debt validation notice with the date and hour of service endorsed thereon by me, at the within named person's usual place of abode, to a person residing therein who is 15 yearS of age or older to wit: LORI MORRIS AS CO RESIDENT and informing said person of the contents thereof. Military Status: Based upon inquiry of party served, defendant is nOt in the military service of the United States of America · it~ I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 17th day of August, 2003 by the affiant who is personally knownto me. 01-1-23 FAST sERVE 4 Highcroft Lane Malvem, PA 193li5-3340 (610) 119-0301 Our Job Sedal Numbec 2003004148 SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-03327 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MCNEIL J~24ES H JR ESTATE OF R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT PRINCE BEVERLY unable to locate Her in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 48 KINGSWOOD TERRACE CARLISLE, PA 17013 48 KINGSWOOD TERRACE CARLISLE, , PRINCE BEVERLY PA IS VACANT. , NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 So answer~ ~/~LL~ ~--~cr~'---m * R. Thomas Klin~ Sheriff of Cumberland County FEDERMAN & PHELAN 08/12/2003 Sworn and subscribed to before me this ~ ~ day of ~/~ A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-03327 P COMMONTWEALTH OF ]PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MCNEIL JAMES H JR ESTATE OF R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDAIqT MCNEIL SHAWN unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 48 KINGSWOOD TERRACE CARLISLE, PA 17013 48 KINGSWOOD TERP~ACE CARLISLE, DEFENDANT'S NEW ADDRESS , MCNEIL SHAWN , NOT FOUND , as to PA IS VACANT. PER POST OFFICE, IS 706 LINCOLN ST MILTON, PA 17847. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10000 .00 21.00 So answers: f~,.~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 08/12/2003 Sworn and subscribed to before me this day of Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-033127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MCNEIL JAMES H JR ESTATE OF R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: PRINCE BEVERLY (EXECUTRIX) but was unable to locate Her in his bailiwick. deputized the sheriff of NORTHUMBERLAND County, serve the within COMPLAINT - MORT FORE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On August 12th , 2003 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10o00 Dep N-umberland Co 36.66 .00 61.66 08/12/2003 FEDERMAN & PHELAN So answers_~,, f-'~ %/9 R. ~Thom~s Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ g ~-~ day of ~jy ~ A.D. rot honor ar~-- In The Court of Common Pleas of Cumberland County, Pennsylvania 6~AC Mort§ae Corporation VS. Estate of James H. McNeil Jr. SERVE: Beverly Prince 03-3327 civil No. NOW, July 16, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do .hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA PLAINTIFF: GMAC MORTGAE CORPORATION P: VS: DEFENDANT: MCNEIL, JR. ESTATE OF JAMES H. D: PRINCE, BEVERLY D: 706 LINCOLN STREET/~L~ D: MILTON, PA 17847 D: SHERIFF'S RETURN CASE #: 03 NO 3327 CTY FILED: CUMBERLAND FILE DATE: 03/07/11 DATE RECEIVED: 03/07/22 ASSIGNED TO: 1 DEF LAW FIRM: CUMBERLAND EXPIRES: 2003/08/11 I HEREBY CERTIFY AND RETURN I SERVED: BEVERLY PRINCE BY HANDING A TRUE AND ATTESTED PERSON SERVED: DAVID R. PRINCE COPY OF THE WITHIN: NOTICE & COMPLAINT IN MORTGAGE FORECLOSURE DATE SERVED: 2003/07/;!3 CAPACITY: TIME: 1:33 PM : PLACE SERVED: 706 LINCOLN (ARCH) ST. MILTON PA ADULT IN CHARGE (HUSBAND) COUNTY OF NORTHUMBERLAND AND STATE OF PENNA,, MAKING KNOWN UNTO : HIM THE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY,DEpUTY: BORIS, MICHAEL BYe, ' · ~ ' ' Sworn to_and Subscrib,edbefore me this .5/ day of,~/7',~_~ A.D. 200~ - cf - My Comm. Exp. 1st Mon. Jan. 2006 FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Plaintiff Attorney for GMAC MORTGAGE CORPORATION Plaintiff VS. ESTATE OF JAMES H. MCNEIL, JR., BEVERLY PRINCE, EXECUTRIX, DEVISEE AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES H. MCNEIL, JR. SHAWN MCNEIL, DEVISEE OF THE ESTATE OF JAMES H. MCNEIL, JR. Defendant(s) Court of Common Pleas CUMBERLAND County No. 03-3327 CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE, AND SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff